Pennsylvania Act 1996-124 — DOMESTIC RELATIONS CODE (23 PA.C.S.) - OMNIBUS AMENDMENTS

Act text

DOMESTIC RELATIONS CODE (23 PA.C.S.) - OMNIBUS AMENDMENTS
                 Act of Oct. 16, 1996, P.L. 706, No. 124              Cl. 23
                             Session of 1996
                               No. 1996-124

     SB 434

                                  AN ACT

     Amending Title 23 (Domestic Relations) of the Pennsylvania
        Consolidated Statutes, further providing for definitions, for
        arrearages, for contempt of the court order, for attachment
        of income and for petition for custody by grandparents; and
        adding provisions relating to same sex marriages.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 1102 of Title 23 of the Pennsylvania
     Consolidated Statutes is amended by adding a definition to read:
      § 1102.  Definitions.
        The following words and phrases when used in this part shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        * * *
        "Marriage."  A civil contract by which one man and one woman
     take each other for husband and wife.
        * * *
        Section 2.  Title 23 is amended by adding a section to read:
      § 1704.  Marriage between persons of the same sex.
        It is hereby declared to be the strong and longstanding
     public policy of this Commonwealth that marriage shall be
     between one man and one woman. A marriage between persons of the
     same sex which was entered into in another state or foreign
     jurisdiction, even if valid where entered into, shall be void in
     this Commonwealth.
        Section 3.  The definition of "income" in section 4302 of
     Title 23 is amended and the section is amended by adding
     definitions to read:
      § 4302.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        * * *
        "Government agency."  Any agency of the Commonwealth,
     including departments, boards, commissions, authorities, any
     political subdivisions or agency of such political subdivision
     or local or municipal authority or other local government unit
     or any court or related agency.
        "Income."  Includes compensation for services, including, but
     not limited to, wages, salaries, fees, compensation in kind,
     commissions and similar items; income derived from business;
     gains derived from dealings in property; interest; rents;
     royalties; dividends; annuities; income from life insurance and
     endowment contracts; all forms of retirement; pensions; income
     from discharge of indebtedness; distributive share of
     partnership gross income; income in respect of a decedent;
     income from an interest in an estate or trust; military
     retirement benefits; railroad employment retirement benefits;
     social security benefits; temporary and permanent disability
     benefits; workmen's compensation and unemployment compensation;
     or other entitlements to money or lump sum awards, without
     regard to source.
        * * *
        "Labor organization."  The term shall have the meaning given
     the term in section 2(5) of the National Labor Relations Act (49
     Stat. 449, 29 U.S.C. § 151 et seq.) and shall include an entity
     used by the organization and an employer to carry out
     requirements of an agreement between the organization and the
     employer as set forth in section 8(f)(3) of the National Labor
     Relations Act.
        * * *
        Section 4.  Section 4304 of Title 23 is repealed.
        Section 5.  Title 23 is amended by adding a section to read:
      § 4304.1.  Cooperation of government agencies.
        (a)  Cooperation of government agencies.--Notwithstanding any
     other provision of law, including the provisions of section 731
     of the act of April 9, 1929 (P.L.343, No.176), known as The
     Fiscal Code, all government agencies shall:
            (1)  At the request of the Department of Public Welfare
        provide information in a form prescribed by the department
        regarding a person's wages, income, telephone numbers,
        addresses, social security numbers and date of birth,
        employer names, addresses and telephone numbers.
            (2)  Require the social security number of an individual
        on any application for a professional or occupational license
        or certification.
            (3)  Require the social security number of any individual
        subject to a support order, paternity determination or
        acknowledgment of paternity in all records relating to the
        matter.
        (b)  Cooperation of labor organizations.--Labor organizations
     shall at the request of the Department of Public Welfare provide
     information in a form prescribed by the department regarding
     wages, income, telephone numbers, addresses, social security
     numbers and date of birth, employer names, addresses and
     telephone numbers.
        (c)  Penalty.--Following notice and hearing, the Department
     of Public Welfare may impose a civil penalty of up to $1,000 per
     violation upon any government agency or labor organization which
     willfully fails to comply with a request by the Department of
     Public Welfare for information pursuant to this section.
        (d)  Confidentiality.--Any information provided or collected
     pursuant to this section shall be confidential and may only be
     used for purposes of child support enforcement by the Department
     of Public Welfare. Any person, government agency, employer or
     agent of the department who divulges such information in a
     manner not provided in this section commits a misdemeanor of the
     third degree and, upon conviction, shall be sentenced to pay a
     fine of up to $1,000 per violation and costs and shall be
     subject to a term of imprisonment of not more than one year, or
     both.
        (e)  Immunity.--A person, government agency or labor
     organization providing information pursuant to this section
     shall not be subject to civil or criminal liability. The
     immunity provided by this subsection shall not apply to any
     person or agent of a government agency or labor organization who
     knowingly supplies false information under this section.
        Section 6.  Sections 4345, 4348(o) and 5313 of Title 23 are
     amended to read:
      § 4345.  Contempt for noncompliance with support order.
        (a)  General rule.--A person who willfully fails to comply
     with any order under this chapter, except an order subject to
     section 4344 (relating to contempt for failure of obligor to
     appear), may, as prescribed by general rule, be adjudged in
     contempt. Contempt shall be punishable by any one or more of the
     following:
            (1)  Imprisonment for a period not to exceed six months.
            (2)  A fine not to exceed [$500] $1,000.
            (3)  Probation for a period not to exceed [six months]
        one year.
        (b)  Condition for release.--An order committing a defendant
     to jail under this section shall specify the condition the
     fulfillment of which will result in the release of the obligor.
      § 4348.  Attachment of income.
        * * *
        (o)  Priority of attachment.--An order of attachment for
     support shall have priority over any attachment, execution,
     garnishment, State or local tax withholding or wage assignment.
        * * *
      § 5313.  When [child has resided with] grandparents may
                petition.
        (a)  Partial custody and visitation.--If an unmarried child
     has resided with his grandparents or great-grandparents for a
     period of 12 months or more and is subsequently removed from the
     home by his parents, the grandparents or great-grandparents may
     petition the court for an order granting them reasonable partial
     custody or visitation rights, or both, to the child. The court
     shall grant the petition if it finds that visitation rights
     would be in the best interest of the child and would not
     interfere with the parent-child relationship.
        (b)  Physical and legal custody.--A grandparent has standing
     to bring a petition for physical and legal custody of a
     grandchild. If it is in the best interest of the child not to be
     in the custody of either parent and if it is in the best
     interest of the child to be in the custody of the grandparent,
     the court may award physical and legal custody to the
     grandparent. This subsection applies to a grandparent:
            (1)  who has genuine care and concern for the child;
            (2)  whose relationship with the child began with the
        consent of a parent of the child or pursuant to an order of
        court; and
            (3)  who for 12 months has assumed the role and
        responsibilities of the child's parent, providing for the
        physical, emotional and social needs of the child, or who
        assumes the responsibility for a child who has been
        determined to be a dependent child pursuant to 42 Pa.C.S. Ch.
        63 (relating to juvenile matters) or who assumes or deems it
        necessary to assume responsibility for a child who is
        substantially at risk due to parental abuse, neglect, drug or
        alcohol abuse or mental illness. The court may issue a
        temporary order pursuant to this section.
        Section 7.  This act shall take effect in 60 days.

     APPROVED--The 16th day of October, A. D. 1996.

     THOMAS J. RIDGE